Have a Question?

Visit our Q&A page and Get Answers.


44 Cook Street, Suite 100

Denver, CO 80206

Can Mother’s Outburst Affect Custody?

My ex-wife created an incident at our son’s basketball game in which she had charges pressed against her and she was processed that weekend. I took it upon myself to keep the kids with me, while waiting for my atty to motion for emergency custody until she got some type of help. This was not done by my atty and her atty says she is entitled to have the children back home right now. Well he have no court orders for custody right now. She has them Mon-Wed I have them Thurs/Fri and every other Sat. Now my kids have expressed to her that they don’t want to go home with her until she gets some counseling. Can she make them go home without getting some help or even proving that she is enrolled in some type of helpful class?

Yes. Unless a motion to restrict is filed prohibiting contact between your ex-wife and your children, the original orders remain in effect and the children will be returned to her. You have to take affirmative action with the court before anything will change.